PHILADELPHIA — A Philadelphia investment advisory company is suing a Wisconsin business enterprise, alleging trademark infringement.
Clark Capital Management Group Inc. filed a lawsuit Feb. 4 in U.S. District Court for the Eastern District of Pennsylvania against Navigator Planning Group LLC and Navigator Brokerage Group LLC, alleging trademark infringement, unfair competition under the Lanham Act, and breach of contract
According to the complaint, Clark Capital registered the trademark “Navigator” on the principal register of the U.S. Patent and Trademark Office on Oct. 29, 1991, followed by two more related patents in 2002, 2009 and 2013. The plaintiff alleges Navigator Planning and Navigator Brokerage Group repeatedly violated trademark infringement laws regarding the aforementioned trademarks.
Clark Capital filed a lawsuit against Navigator in U.S. District Court for the Eastern District of Wisconsin Green Bay Division, which was settled in an agreement. The settlement required the defendants to permanently discontinue all use of the “Navigator” designations by Jan. 1, 2016.
The defendant’s allegedly requested an extension of use, which was denied by the plaintiff. The lawsuit states that as of Feb. 3, Navigator remains in breach of the agreement.
Clark Capital Management Group Inc. seeks the court permanently enjoin and restrain Navigator from infringing or contributing to the infringement, deliverance of all product and advertising with the Navigator trademark, damages suffered as a result of unfair competition; compensatory, incidental, consequential, enhanced, treble, and/or punitive damages, attorney fees, costs and a trial by jury. It is represented by attorneys Camille M. Miller, Melanie M. Miller and David M. Albert of Cozen O’Connor in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-00586-JP